What Is a Public Domain Work? Definition, Examples, and Legal Regulations

Are you interested in works that are no longer under copyright protection? This article will help you understand what a public domain work is, provide illustrative examples, and explain the relevant legal regulations in Vietnam. Understanding this concept allows you to freely use works no longer protected by copyright, while also helping you avoid violations when dealing with works that are not yet in the public domain.

What Is an Anonymous Work?

According to Clause 2, Article 3 of Decree 22/2018/ND-CP—guiding the implementation of the 2005 Intellectual Property Law and its 2009 amendments—an anonymous work is defined as:

“A work that does not bear the author’s name (either real name or pseudonym) at the time of its publication.”

Who Owns Anonymous Works?

As stipulated in Article 42 of the revised 2022 Intellectual Property Law, the State is deemed the copyright owner in the following cases:

• The work is anonymous, and there is no individual or organization currently managing it;
• The work is still within its copyright protection period, but its copyright holder no longer exists, such as:
  • The author has passed away without heirs;
  • The heirs have refused or are ineligible to inherit the rights;
  • The ownership of the work has been transferred to the State.

Therefore, for anonymous works with no designated custodian, the State holds the copyright during the protection period.

Under Article 43 of the revised Intellectual Property Law (2022), when the protection period for an anonymous work expires (as defined in Article 27), the copyright is transferred to the public.

When Does a Work Enter the Public Domain?

According to Article 43 of the 2005 Intellectual Property Law (amended in 2009), a work enters the public domain when its copyright term expires, as outlined in Article 27. Specifically:

Cases Where Works Become Public Domain

Based on Article 27, works fall into the public domain in the following scenarios:

• For cinematographic, photographic, applied art, and anonymous works:
  • Protected for 75 years from the date of first publication;
  • If not published within 25 years of creation, protection lasts for 100 years from the creation date.
• For other types of works (e.g., literary, musical, theatrical):
  • Protected throughout the author’s lifetime and for 50 years after their death;
  • For works with multiple co-authors, protection ends 50 years after the death of the last surviving author.

The protection period ends at midnight on December 31st of the final year of the term.

Note: This protection period refers to economic rights, such as publishing, distribution, reproduction, performance, etc. Moral rights, including the right to attribution, name declaration, and integrity of the work (per Article 19), are protected indefinitely, except for the right of first publication.

Rights and Responsibilities When Using Public Domain Works

According to Article 43 of the IP Law and Article 28 of Decree 22/2018/ND-CP, any individual or organization has the right to use works whose copyright term has expired without requesting permission. However, users must still respect the author’s moral rights by:

• Preserving the author’s name or pseudonym associated with the work;
• Not distorting, modifying, or misrepresenting the content in a way that harms the author’s honor or reputation.

Relevant parties (including state agencies, political or social organizations, professional associations, etc.) may:

• Request cessation of violations;
• Request a public apology or correction;
• File complaints, lawsuits, or initiate legal proceedings according to the law.

Collective management organizations representing copyright holders may also protect authors’ moral rights even after the economic rights have expired.

Just because a work is in the public domain does not mean the author’s rights are entirely erased. Users must still honor the remaining moral rights to avoid violating the work’s integrity or the author’s reputation.

Are All Anonymous Works in the Public Domain?

No, not all anonymous works automatically fall into the public domain. According to Articles 42 and 43 of the revised Intellectual Property Law (2022):

• If the anonymous work is still within its protection period, it is not in the public domain. During this period:
  • Organizations or individuals managing or assigned the rights may legally exploit the work;
  • If no custodian exists, the State holds the rights until the author’s identity is revealed.

Only after the protection period ends does an anonymous work officially become a public domain work, as defined in Article 43.

Final Thoughts

Understanding what constitutes a public domain work is essential for anyone wishing to use, adapt, or commercialize expired copyrighted content. It helps users operate within legal boundaries and reduces the risk of legal disputes. However, just because a work lacks author attribution or is freely available online does not necessarily mean it is in the public domain. Users should consult relevant legal documents or seek professional advice when in doubt.

As a leading copyright management company in Vietnam, BHMEDIA is proud to support individuals and organizations in verifying the legal status of works, resolving disputes, and ensuring lawful and effective content usage. If you need expert consultation on using public domain works, don’t hesitate to contact BHMEDIA for timely and accurate assistance.